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Equal treatment and prohibition of discrimination in labour relations
Dolejš, Jaroslav ; Koldinská, Kristina (advisor) ; Lang, Roman (referee)
This thesis deals with the issue of equal treatment and prohibition of discrimination in labour relations. The principle of equal treatment and non-discrimination is one of the essential principles of labour law. Therefore, this principle is part of labour law at all levels - international labour law, labour law of the European union and national law. The author of this thesis chose this topic for its increasing social significance. The principle of equal treatment and non-discrimination is slowly becoming important social topic even in the Czech Republic. The thesis consists of four main chapters, which are further divided into subchapters. The first chapter briefly describes some of the essential concepts such as equality, discrimination, gender etc. Although these terms are commonly used, their description is important for better understanding of the topic. The other chapters deal with the law currently applicable in the Czech Republic. The second chapter describes the principle of equal treatment and non- discrimination in the documents of international law, esp. international conventions of the United Nations, International Labour Organization and the Council of Europe. The third chapter focuses on the aforesaid principle in the labour law of European Union. For the EU, the principle of equal...
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Legal aspects of selected contractual relationships within the public health insurance system in the Czech Republic
Železná, Zuzana ; Koldinská, Kristina (referee) ; Vysokajová, Margerita (referee)
The subject of my thesis is the legal aspects of Contract for the ensuring of providing health services paid from the public health insurance and their reimbursement and Special contract for the ensuring of providing nursing care in social welfare service facilities with residential services and their reimbursement. The regulation of such contractual relationships is confusing, incomplete and does not correspond to the needs of their participants. This thesis should contribute to the solution to the problems. Its aim is to provide a comprehensive text that would deal with the presented issue and that would critically evaluate the current legislation of these contractual relationships and suggest possible solutions. The introductory part briefly describes the ways of funding the health care, the system of the public health insurance in the Czech Republic, its legislation and kinds of relationships that arise within it. The main part is devoted to describing legal aspects of the above mentioned Contracts as well as the problems of contractual parties originating from the existing legislation. The final part of the paper is focused on legal considerations de lege ferenda.
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Regulatory developments allowance for care
Pechan, Lubomír ; Zemanová, Jana (advisor) ; Koldinská, Kristina (referee)
The topic of this rigorous thesis is the development of regulatory social security of "helpless persons" - individuals suffering from long-term health problems that are severe and functionally debilitating enough to necessitate the care and assistance of another. I attempt to track the development of social security of the helpless from its beginnings shortly after the emergence of Czechoslovakia as an independent state in 1918 to the present day - a period of nearly one hundred years. My aim is to create an in-depth, exhaustive description of the development of the legal basis for the "helplessness allowance" (currently defined as carer's allowance), as well as to evaluate the consequences of the various changes to the law and their impact on the current state of the relevant legal framework. I believe that my readers will be interested in the opportunity to track how the legal basis of helplessness- or care dependence- related social security transfers has evolved from a brief, rather sparse chapter of the Social Security Code, one which was seen for many decades as little more than a necessary addendum to the code, into a self-contained, highly sophisticated area of social security law. This work should make clear the impulses and reasons for the emergence of important new and modified...
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The care allowance and its use for the needs of senior citizens in the Czech Republic
Trnková, Šárka ; Koldinská, Kristina (advisor) ; Munková, Gabriela (referee)
The master's thesis is focused on the current topic of aging population. This coincided with the growing need for care for the elderly, and this fact is reflected in the Czech legislation. Thesis is focused on care allowance and its use for the care of social services specific clientele consisting of seniors. This thesis is composed of a total of four chapters. The first chapter is mentioned the history of social legislation. In the second chapter is analyzed the phenomenon of aging and old age, including its downsides, and demographics. The third, crucial chapter of this thesis is devoted to the institute of care allowance in terms of its use by the addressees - particularly by the seniors. This chapter also mentions the conditions for entitlement to care allowance and control its use. The third chapter also contains demographic data and analysis of the purchasing power of the care allowance in relation to period of care for a dependent person. It contains analysis of care allowance use with a budget for individual days to payment care of dependent person. Last, described the shortcomings of the legislation and any attempt to outline possible solutions de lege ferenda. The fourth, final chapter is then devoted to social services, which can seniors thanks to the care allowance to ensure. Also...
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Chosen organizations of Czech Caritas and their activities in the field of foreign humanitarian assistance and development cooperation
Večeřová, Klára ; Šťastná, Jaroslava (advisor) ; Koldinská, Kristina (referee)
(in English): The diploma thesis deals with the activities of Czech Caritas organizations in the field of humanitarian assistance and development cooperation abroad. The aim of the work is to explore the possibilities and limits of transferring and sharing "good practice". The work consists of a theoretical and practical part. The theoretical part is structured in three main chapters, which deal with humanitarian aid and development cooperation topics, describe the selected Czech Caritas organizations and define "good practice". The practical part consists of a descriptive research of the selected Czech Caritas organizations activities in the field of humanitarian assistance and development cooperation abroad executed between 2000 and 2016 and qualitative research of employee's approaches to mutual sharing of "good practice". Research questions are answered by combining questionnaire survey and interviews which are conducted with the help of the manual. The main results of this thesis is a summary table containing descriptions of activities in the field of humanitarian assistance and development cooperation abroad and presentation of employee's attitudes to "good practice" and its sharing.
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The Equal Treatment and the Prohibition of Discrimination of Employees
Jarotková, Kateřina ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
RESUMÉ This thesis is concerned with equal treatment and prohibition of employment discrimination. I deal with international, European and Czech antidiscrimination law. The text is divided into an introduction, four main chapters, divided into subchapters, and a conclusion. The first chapter defines the fundamental terms, which are equality and discrimination. At first, I distinguish formal and substantive equality. In context of substantive equality, I explain the concepts of equal opportunity and equality of outcome. In the following part of the chapter I deal with the concept of discrimination. I describe the basic forms of discrimination: Direct and indirect discrimination. I also briefly discuss the issue of multiple discrimination. The second chapter concerns the most important international conventions that are related to my thesis topic. Those are the conventions of United Nations, Council of Europe and International Labour Organization. The third chapter focuses on the European Union law. First, I review the development of primary law. Further, I focus on the secondary law and three main anti-discrimination directives. The relevant case law of the Court of Justice of the European Union is regarded here as well. Great attention is given to the issue of discrimination against persons with...
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Labour - law aspects of "Švarc system" focussed on the Concept Dependent Work
Sedláčková, Kateřina ; Koldinská, Kristina (advisor) ; Hůrka, Petr (referee)
The term 'Švarc system' began to appear in The Czech Republic in the late 80s and early 90s of the 20th century with the gradual thawing of the restrictions which were put on private enterprise. Owing to this development, businessmen started widely entering into contracts with the persons, with whom a labour-law employment contract according to valid standards of labour code would have been signed and these people would have become their employees. The aim for such businessmen's behaviour was the effort to save money on the payment to the national social and health insurance systems, to avoid, or better to say, to get round the rigid norm regulation of the labour code as well as to avoid tax charge, especially in the field of natural person income tax from dependent activity. The creator of 'Švarc system' is Mr. Miroslav Švarc, a businessman from Benešov. If we want to identify precisely the term 'Švarc system' and identify its primary features, then it is necessary to find out, whether the aspect of the carry out work shows the features soft subordinate work or not. Subordinate work in the labour code is defined with the basic definitional indicators as well as the conditions which must unconditionally become reality. Among the basic features of subordinate work belong the work in relation to the...
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The Comparison of Health Insurance Systems in the Czech Republic, Germany, Switzerland and the Neetherlands.
Nožičková, Barbora ; Koldinská, Kristina (advisor) ; Munková, Gabriela (referee)
The theses is referring to The Comparison of Health Insurance Systems in the Czech Republic, Germany, Switzerland and the Neetherlands. It is focusing on three main components of the medical insurance system, the insurance companies, the healthcare providers and the insured parties. Each of these components has a significant role within the medical system and as their representation in distinct areas is quite broad, I prefered to choose the key areas where the medical insurance figures the most. Each chapter characterises one of the main components of the medical insurance system. First two chapters are the introduction and the models of financing of different medical systems. Third chapter depicts the main characteristics of the insurance system in each country. Fourth chapter names the rights and the duties of the insured person. Fifth chapter is acknowledged to the insurance companies and their role in the financement of the medical system. The last component of the medical system, the health care providers, are defined in the sixth chapter. The conclusion is attributed to the comparisson between the countries regarding the components listed above. The main goal of the theses is to present the differences between the health insurance systems and to evaluate the advantages and disadvanteges in...
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Personal Data Protection in Labour Law Relationships
Langerová, Michaela ; Morávek, Jakub (advisor) ; Koldinská, Kristina (referee)
This thesis deals with personal data protection, it focuses on labour law relationships, in particular. The aim of the thesis is to analyze regulation of personal data protection; also, the paper elaborates on difficulties that could be caused by the processing of personal data of employee on the part of employer. The first section of the thesis discusses general basis which represents a solution to concrete cases that are mentioned in the second part. The first two chapters examine sources of the regulation of personal data protection on both levels - on a statutory and constitutional level and also on an international and the European Union level. The third chapter deals with the Office for Personal Data Protection and with its scope of activity, in particular. The following three chapters specify particular definitions and introduce legal regulation of the rights of a data subject on the one hand, and the obligations of a controller or a processor on the other hand. In the general part, a few examples of the processing of personal data by an employer can be found. Those examples are mentioned there to clarify unclear concepts and their definitions. The aim of the last chapter is to capture a range of possible examples of the processing of personal data, which can take place and actually does...
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Notice in the French employment law compared with the employment law in the Czech republic
Jakubec, Martin ; Morávek, Jakub (advisor) ; Koldinská, Kristina (referee)
Abrégé Cette memoire a pour le but la présentation de la demission et le licenciement dans le droit du travail français et la comparaison de ceux-ci avec le droit du travail tchèque. La partie préliminaire présente en bref le code du travail français et explique aussi le statut du salarié et de l'employeur dans le droit français et mentionne des problèmes qui s'attachent à cette problématique. La partie préliminaire, qui parle du caractère élémentaire de la relation de travail est suivie par la seconde partie, la partie principale, qui disserte sur des conditions dans lesquelles la relation de travail peut être rompue dans le droit français et compare leurs différences avec le droit tchèque. A la fin l'auteur délibère sur ceux différences et leurs avantages et désavantages.
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